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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 432   View pdf image (33K)
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432 BUCKINGHAM v. PEDDICORD.—2 BLAND.

fesso; or the defendant being, after appearance, brought into Court
for not answering, may on motion, stand committed until discharged
by further order; Man v. Parkinson, 9 Mod. 266; and if he does not
put in a good and sufficient answer by the fourth day of the next
Court, the bill may be taken pro confesso. And if the defendant
shall have further time granted him to answer, and he shall not put
in a good and sufficient answer before the expiration of the time, the
bill shall be taken pro confesso, without any further delay; and in all
such cases, such decree may be made thereon as maybe deemed just;
or the Chancellor may order a commission for the plaintiff to ex-
amine witnesses, or may examine the plaintiff on interrogatories,
to ascertain the allegations of his bill, and may decree as he shall
think just. 1785, ch. 72, s. 19. That every defendant appearing
at the return Court of the subpo3na, shall file a good and sufficient
answer on or before the fourth day of the Court, next following
the return Court; and if, not having further time granted to an-
swer, he shall omit to do so, he shall be in contempt, and the
plaintiff may have an attachment of contempt; and on that being-
returned nonest, may have an attachment with proclamation against
him; and if he shall not file a good and sufficient answer by the
return Court, of the last mentioned process, the bill, unless farther
time has been granted him to answer, shall be taken pro confesso;
and such decree made, as may be thought just; and if such a defend-
ant shall have further time granted him to answer, and he shall not,
before the expiration of such time, put in a good and sufficient
answer, the bill shall be taken pro confesso, without further delay,
and such decree made * thereon as may be deemed just; or
453 the Chancellor may order a commission to issue, or examine
the plaintiff on interrogatories, and thereupon decree as be may
think just. 1785, ch. 72, s. 20; 1 Harri. Pra. Cha. 278; 1 Newl.
Pra. Cha. 125. That if an attachment for want of appearance or
answer, shall be returned served or attached, and the defendant
shall not appear at the day of the return, the Chancellor may by
order, limit a certain day in the following term, on or before which
the defendant shall appear, and put in a good and sufficient answer,
plea, or demurrer, otherwise the bill may be taken pro confesso,
and a decree thereon; provided, that if such defendant shall, before
a decree, appear, and immediately put in such answer, there shall
be the same proceedings as if he had regularly appeared and an-
swered. 1799, ch. 79, s. 2.

And further, that in case a subpoena shall be returned non est by
the sheriff of the county where the defendant shall be known, or
generally supposed to reside; and on affidavit of some indiffer-
ent person, of the said known or supposed residence, and of the
defendant's having avoided, or kept out of the way of the sheriff,
or evaded the service of the subpoena, Dawns vs. Davis, 2 Atk.
22; 1828, ch. 184, the Chancellor may, on motion, direct publication

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 432   View pdf image (33K)
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